[House  Bill,  No.  44. J 

HOUSE  OF  RErRESENTATIVES,  May  G,  1864— Read  first 
and  second  times,  referred  to  the  Committee  on  the  Judiciary,  and 
ordered  to  be  printed. 

[By  Mr.  GaUland,  from  the  Committee  on  Claims,  &c.] 


A.  BILL 

To  bo  entitled  An  Act  to  establish  the  court  for  the  investigation  of 
claims  against  the  Government  of  the  Confederate  States. 
I         Section   1.   The  Congress   of  tlie  Confederate  States  of  America 
2"    do  enact.  That  the  tribunal  for  the  investigation  of  claims  against 

3  the  Government  of  the  Confederate  States  shall  'be  called  the 

4  Court  of  Claims    and  shall  consist  of  a  chief  justice  and  two 

5  associate  justices,  who  shall  be  appointed  by  the  President,  by 

6  and  with  the  advice   and   consent  of  the  Senate,  and  hold  their 

7  offices  during  good  behavior,  and  two  of  whom  shall  be  a  quorum 

8  and  shall  hold  annually,  at  the  seat  of  Government  of  the  Con- 

9  federate  States,  two  sessions,  the  one  commencing  on  the  second 

10  Monday  of  May,  and  the  other  on  the  second  Monday  of  Novem- 

1 1  bor.     When  a  quorum  shall  not  be  present,  the  said  court  may, 

12  by  any  one  of  its  justices  who  may  bo  present  be  adjourned  from 

13  day  to  day,  till  a  quorum  be  convened.     The   associate  justices 

14  shall  have  precedence  according  to  tho  date  of  their  commissions, 


1 J  or  when  the  commissions  date  on  the  same  day  according  to  their 

1 6  respective  ages. 

1  Sec.  i.   The   said  court  shall    have  jurisdiction  of  all  claims 

2  grounded  in  law  and  equity  against  the  Confederate  States  and 

3  shall  keep  a  record   of  its   proceedings.     Every   claim  shall  be 

» 

4  presented  by  petition.     The.  said  courts   shall  have  full  power 

o  and  authority  from  time  to  time  to  prescribe  and  regulate  and 

,        6  alter  the  forms  and  modes  of  framing  and   filing  petitions  in 

7  cases   pending   therein,    the   forms  and    modes  of    taking  and 

5  obtaining  evidence,  and  also  the  forms   and  mode  of  preparing 
9  and  maturing  such  cases  for  hearing ;  to  grant  re-hearings  under 

10  such  rules  as  the  said   court  may  prescribe ;  and  generally  to 

1 1  regulate  the  whole  practice  of  the  said  court ;  to  impose  and 

12  administer,  or  cause  to  be  administerd   all  necessary  oaths  or 

13  affirmations ;  to  appoint  commissioners  to  take  testimony  to  be 

14  used  in  the  investigation  of  claims  that  may  come  before  it;  to 

15  prescribe  the  fees  the  said  commissioners  shall  receive  for  their 

16  services  and  the  compensation  of  witnesses  ;  to   issue  or  cause 

17  to  be  issued  subpoenas  and  such  other  process  as  may  be  noces- 

18  sary  for  the  exercise  of  its  jurisdiction. 

« 

1  Sec.  3.  The  said  court  shall  have    the  same  power  to  issue 

2  attachments  aad  inflict  summary  punishments   for  contempts  of 

3  court  as  the  other  judicial  courts  of  the  Confederate  States. 

1  Sec.   I.  When  testimony  is  taken  for  the  claimant  the  fees  of 


3.  _  -^IT'^y-X 

2  the  commissioner  before  whom  it  is  taken,  the  costs  of  notice,         p 

■#■/<: 

3  the  compensation  of  witnesses,  and  necessary  postage  shall  be 

4  paid  by  the  claimant ;  and  when   taken  at   the   instance  of  the 

5  Government,  such  fees,  compensation  of  witnesses,  and  costs, 

6  together  with  all  postage  incurred  by  the  solicitor,  in  relation 

7  thereto,  or  otherwise  in  his  official  capacity  shall  be  paid  out  of 

8  the  contingent  fund  provided  fqr  said  court.     In  all  cases,  when 

9  it  can  be  conveniently  done,  the  testimony  shall  be  taken  in  the 

10  county  where  the  deponent  resides  ;  and  the  commissioner  taking 

1 1  the  same  is  hereby  authorized  and  required  to  administer  an  oath 

12  or  affirmation   to   the   witnesses  brought  before  him  for  exami 

13  nation. 

1  Sec.  5.  The  chief  justice   of  the  said    courl.   ami  each  of  the 

2  associate  justices  shall  receive  a  salary  of  five  thousand  dollars 

3  per  annum,  payable  quarterly  in  advance,  fromi  the  treasury  of 

4  the  Confederate   States,  and    each  of  the  said  justices  shall  be 

5  sworn  or  affirmed  to  administer  justice  without  respect  to  per- 

6  sons,  and   faithfully   and   impartially   to   execute  all  the  duties 

7  incumbent  upon  him,  according  to  the  best  of.  his  abilities   and 

8  understanding  agreeably  to    the   constitution   and  laws   of  the 

9  Confederate  States. 

U        Sec.  6.    The  f*aid   court   shall  appoint  a  clerk,  an  assistant 

2  clerk,  a  marshal  and  a  master.     The  said  clerk,   assistant  clerk, 

3  and   marshal  shall   perform   such  duties   as  the  said  court  shall 


4 

4  direct,  and  the  said  master  shall,  under  the  rules  of  the  said 

5  court,  execute  any  order  or  orders  which   may  be  made  by  the 
C  said  court  for  the  stating  of  accounts,  or  for  the  ascertainment 

7  and  stating  of  facts,  and  shall  perform  such  other  duties  as  may 

8  be  directed  by  said  court.     The  said  clerk  shall  receive  a  salary 

9  of  twenty-five   hundred  dollars  per  annum,  the  said  assistant 

1 0  clerk  a  salary  of  two  thousand  dollars  per  annum,   and  the  said 

1 1  marshal  a  salary  of  twelve  hundred  dollars  per  annum,  and  the 

12  said  master  a  salary  of  twenty-five  hundred  dollars  per  annum, 

13  payable  monthly,  from  the  treasury  of  the  Confederate  States, 

1 4  and  each  of  them  shall  be  sworn  or  affirmed  faithfully  to  execute 

15  the  duties  of  his  office  and  to  support  the  Constitution  of  the 

16  Confederate  States,  and  may  be  removed  from  office  by  the  said 

17  court  when  his  services  are  unnecessary,    or   for  dishonesty, 

18  incapacity,  in^ciency,  misconduct,  or' neglect  of  duty.  And  the 

19  said  court  shall  have  power,  in  any  case,  whenever,  in  its  opinion, 

20  the   master  should  not   act,  to  appoint  a  special  master  to  act  in 

21  the  place  of  the  master  in  such  case  ;  and  shall  allow  the  special 

22  master  for  his  services  reasonable  compensation  to  be  paid  from 
.23  the  treasury  of  the  Confederate  States. 

1  Sec.  7.  The  clerk  of  the  said  court  shall,  under  its  direction, 

2  disburse  the  contingent  fund,  which  may,  from   time  to  time,  be. 

3  appropriated  for  its  use,  but  he  shall  first  give  bond  in  such  form 

4  and  with  such  security  aa  shall  be  approved  by  the  Secretary  of 


5  the  Treasury.     His  accounts  shall  be  settled  by  the  accounting 

6  oflBcers  of  the  Treasury. 

1  Sec.  8.  A  solicitor  and  junior  solicitor,  to  represent  the  Con- 

2  federate  States  before  the  said  court  shall  be  appointed  by  the 

3  President,  by  and  with  the  advice  and  consent  of  the  Senate.     It 
.   4  shall  be  the  duty  of  said  solicitor  and  junior  solicitor  to  prepare 

5  the  defence  on  the  part  of  the  Confederate   States  in  all  cases 

6  before  the  said  court ;  to  cause  all  necessary  testimony  to  be 

7  taken    for   the   Confederate  States ;  to  file   interrogatories   and 

8  superintend  the  taking  of  testimony  in  the  manner  that  may  be 

9  prescribed  by  the  rules  of  the  said  court ;  and  to  perform  such 

10  other  appropriate  duties  as  may  be  required  of  them  by  the  said 

1 1  court ;  and  the  said  solicitor  and  junior  solicitor  shall  each  be 

12  sworn  or  affirmed  faithfully  to  execute  the  duties  of  his'office,  and 

13  to  support  the  Constitution  of  the  Confederate  States.     The  said 

14  solicitor   shall  receive   a   siliry  of  four  thousand    dollars  ■  per 

15  annum,  and  the  said  junior  solicitor  a  salary  of  three   thousand 

16  dollars  per  annum,  payable  monthly,  from  the  Treasury  of  the 

17  Confederate  States.  • 

1  Sec  9.  In  the  said    court;  claimants  may  plead    and    manage 

2  their  own  cases  personally,  or  by  the  assistance  of  such  counsel 

3  or  attorneys  at   law  as  by  the  rules  of  the  said   court  may   be 

4  permitted    to  manage  or  conduct  cases  therein,    and  the  said 

5  court  may,  for  any  malpractice  'herein  by  any   such  counsel  or 


■6 

G  attorney  at  law,  suspend  his  privilep;e    to  manage    causes    ami 

7  conduct  therein. 

1  Sec.  1 0.  The  said  court  shall  have  power  to  call  upon  any  of  the 

2  departmonts  nf  tho  Government  for  nnv  infonnntion  or  papers  it 

3  may  deem  necessary,  and  shall  have  tne  use  of   all  recorded  or  ' 

4  printed  reports  made  by  the  committees  of  either  house  of  Con- 

5  gress,  when  deemed  necessary  in  the  prosecution  of  its  duties, 
fi  but  the  head  of  any  department  may  decline  to  answer  any  call 
7  for  information  or  papers,  if,  in  his  opinion,  the  publication 
8 '  thereof  would  be  injurious  to  the  public  interests. 

1  Sec.  11 .  In  any  case  where  the  matter   in  dispute  exceeds  the 

2  sum  of  five  thousand  dollars,  an   appeal  may  be  taken  from  the  • 
.3  final  judgment  of  said   court,  either  by  the  Confederate    States 

4  or  by  any  claimant  in  the  said  case  to  -the  n^xt  terra  of  the  Su-  • 

5  preme  Court  of  the  Confederate  States :   Provided,  That  applica- 

6  tion  for  such  appeal  be  made  and  entered  in  the  Court  of  Claims 

7  within  sixty  days  after  the  said  judgment,  shall   have  been  ren- 

8  dered.     But  if  the  judgment  bo  rendered  within  the  last  twenty 

9  days  of  the  term,  the  application  may  bo  made  within  the  first 
1(1  twenty  days  of  the  next  term.     When  a  judgment  of  the  Court 

1 1  of  Claims  shall   be  reversed  in    the  Supreme  Court,  that   court 

12  shall  proceed  to  render  such  juc^gment  as  the  Court  of  Claims 

13  should  have  rendered,  "and  in  every  case,  whether  the  judgment 

14  of  the  Court  of  Claims  be  reversed  -  •"  •^flfirmed  by  the   Supreme 


15  Court,  the  clerk  of  the  Supremo  Court  shall  certify  and  transmit 

16  its  judgment  to  the  clerk  of  the  Court  of  Claims,  and  the  Court 

17  of  Claims  shall  enter  the  judgment  of  the  Supreme  Court  as  its 
IS     own  judgment, 

1  Sec.   12.  Every  case  taken  to  the  Supreme  Court  by  appeal 

2  from  the  Court  of  Claims  shall  be  heard  on, a  transcript  of  the 

3  record  of  so  much  of  said  case  as  will  enable  the  Supreme  Court 

4  properly  to  decide  the  questions  th^t  may  arise  beforft  it ;  but 

5  so  much  of  the  record  shall  be  copied  as  any  party  may  dosiro 

6  except  that,  unless  the  Court  of  Claims  or  the  Supreme  Court 

7  otherwise  direct,  there  shall  not  be  copied  any  orders  made  be- 
S  fore  the  final  hearing  of  the  case,  except  such  as  are  necessary 
9     to  show  that  the  case  was  regularly  matured  for  hearing ;  nor  of 

10  the  commissions  and  notices  to  take  depositions,  captions  to  such 

11  depositions,  and  certificates  of  their  having  been  been  sworn  to, 

12  any  more  than  is  necessary  to  the  reading  of  depositions;  but 

13  the  name  of  each  witness,  and  the  the  day  of  taking  his  deposi- 

14  tion,  shall  be  stated  at  the  head  thereof.     If  more  than  one  copy  ' 

15  of  the  same  paper  be  filed  in  each  case,  only  one. copy  of  it  shall 

16  be,  inserted.     There  shall  not  be  copied  an  account  reported  by 

17  the  master,  to  which  there  is  no  exception,  nor  any  printed  doc- 

18  ument  of  which  either  party  will  furnish  to  the  clerk  of  the  Court 

19  of  Claims  a  copy,  but  such  duplicate  shall  be  attached  to  what 

20  is  copied;  and  when   a  case  has  been  before   in  the  Supremp 


il  Court  there  shall  only  be   copied  the  proceedings   subsequent,  to 

22  the  former  appeal. 

1  Sec.    13.  The  Supreme   Court  may,  when  a  case    has   before 

2  been  in  that  court,  inspect  the  record  upon   the  former  appeal. 

3  And  the  supreme  Court  may,  in  any  case,  award  a  writ  of  cer- 

4  tiorari  to  thg  clerk  cf  the  Court  of   Claims,  and   have  brought 

5  before  it,  when  a  part  of  the  record  is  omitted,  the  whole  or  any 

6  part  of  such  record.     But  the  Supreme  Court  shall,  in  no  case, 

7  hear  oral  testimony,  or  cause  depositions  to  be  taken. 

1  Sec.   1 4.  Said  Court  of   Claims  shall  report   to   Congress,  at 

2  each  session,  a  catalogue  of  all  cases  finally  decided  in  favor  of 

3  the  claimant,  together'  with  the  judgment  and  opinion  of  the 

4  court  in  each  case  decided  during  the  preceding  recess,  or  which 

5  may  be  decided  during  the  continuance  of  said  session,  and    all 

6  appropriations,  if  any,  made  for  payment  of  the  said  judgment, 

7  shall  specify  the  exact  amount  approp^'iated  in  each  case. 

1  *    Sec.  15.  That  all  claims  against  the  Confederate  States  orig- 

2  inating  during  the  present  war  shall  be  barred,  unless  suit  for 

3  the  same  be  instituted  in  the  Court  of  Claims,  within  two  years 

4  after  the  date  of  the  ratification  of  a  treaty  of  peace  between  the 

5  Confederate  States  and  the  Government  of  the  United  States,  and 

6  other  claims  shall  be  barred,  unless  suit  for  the  same- be  instituted 
^r  7  in  the  Court  of  Claims  within  four  years  after  the  establishment 


">  (>f  ilu'  ?-;iid  court,  or  within  four  vears  after  the  same  shall  have 

!)  OtiH;ifi;lTC(l. 

I  Sir.    jO    No  SenJitor  or    Keproseutntive    in  Congress  ^ha  11  In- 

J.  :\]\f\M-i\  !')  I  rricficc  iri  mi  it!  court  ;i^;  hti  attoJi'iev  or  agent. 

i  iSi.(      ''7     And  iiiii#i    :i    j>i;icc    for    'Aw   Ik  Itlinfr  of   rheCointof 

.'  (.'Iiiiih>  ,-i!i;ill    It   },i«>\  iilcif  I._v  ].\\\ ,  tiio   couit   shall  have  power  }(» 

.!  pn  (.•!!!•'.  :it    tlif'   scar  (•!    <  Ion  cuiiii'.-tit  of   tlit'  Confe<U'rate  States, 

I  --iM-li    vor  111.-.    Cuniitint.-    \un\   <tati(">iifrv.  us   inav  h«-   I'.coc^s'arv  for 

.")  ^t}>(   c.aiN  (  iiirJit  ti :  i,.-iMti'  II  (fit.-  !.^l^ilu•^s.  vliicli  si  .-Ul  1h  juntl  for 

I'-  I'lit  i;l    I!  Ci  iit:in:<i)f  (iuhI  u,  lir  ;i pj  K'piiattMl  li\-  CNrngress. 

I  >i;(..     1,^,    'i-'iic    I  >(  t  ;n  ;ii,ci  ►  <«f    Jjistico    -liiill    |'rovi<le  c.  sral  For 

'i  .'^ui'l  court 


